Examples of Series D MRP Shares in a sentence
If no Series D MRP Shares are Outstanding, all rights and preferences of such shares established and designated hereunder shall cease and terminate, and all obligations of the Company under these terms of the Series D MRP Shares, shall terminate as the Series D MRP Shares.
The amount of Series D MRP Shares that may be redeemed on or prior to May 10, 2012 shall not exceed any amount of Series D MRP Shares that results in a Series D MRP Shares Asset Coverage of more than 250% pro forma for such redemption, determined on the basis of values calculated as of a time within 48 hours (not including Sundays or holidays) next preceding the time of such determination.
Subject to the provisions of these terms of the Series D MRP Shares, the Board of Directors may, by resolution duly adopted, without stockholder approval (except as otherwise provided by these terms of the Series D MRP Shares or required by applicable law), modify these terms of the Series D MRP Shares to reflect any modification hereto which the Board of Directors is entitled to adopt pursuant to the terms of Section 5(i) hereof or otherwise without stockholder approval.
To the extent permitted by applicable law, the Board of Directors may interpret, modify or adjust the provisions of these terms of the Series D MRP Shares to resolve any inconsistency or ambiguity or to remedy any defect.
If the highest credit rating assigned on any date to the Series D MRP Shares by Fitch or any Other Rating Agency is equal to one of the ratings set forth in the table below (or its equivalent by some Other Rating Agency), the Dividend Rate for the Series D MRP Shares shall be adjusted by adding the respective enhanced dividend amount (which shall not be cumulative) set opposite such rating to the Applicable Rate.
If the Rating Agency Guidelines require the Company to receive a prior written confirmation that certain actions would not impair the rating then assigned by the Rating Agency to the Series D MRP Shares, then the Company will not engage in such actions unless it has received written confirmation from each such Rating Agency that such actions would not impair the rating then assigned by such Rating Agency.
The Series D MRP Shares shall not have any preference or priority claim with respect to the Term Redemption Liquidity Account or any Liquidity Account Investments deposited therein.
The “Term Redemption Amount” for the Series D MRP Shares is equal to the redemption price to be paid on the Term Redemption Date, based on the number of Series D MRP Shares then Outstanding, assuming for this purpose that the Dividend Rate in effect at the Liquidity Account Initial Date will be the Dividend Rate in effect until the Term Redemption Date.
The liquidation preference for Series D MRP Shares shall be $25.00 per share, plus an amount equal to all accumulated dividends thereon (whether or not earned or declared but without interest) to the date payment of such distribution is made in full or a sum sufficient for the payment thereof is set apart with the Paying Agent.
Subject to the foregoing rights of the Holders of the Series D MRP Shares, the identity and class (if the Board of Directors is then classified) of the nominees for such Directors may be fixed by the Board of Directors.